Thirty-four Tunisian lawmakers have submitted a bill aiming to revise the country’s election oversight mechanisms. The proposed law seeks to remove the independent Administrative Court’s authority to adjudicate electoral disputes, redirecting this jurisdiction to the general appellate courts. This initiative comes ahead of the upcoming presidential election scheduled for October 6, 2024.
The bill’s proponents argue that such changes would help unify the judicial framework for settling electoral disputes by consolidating all responsibilities under the general appellate courts. According to local media reports, if passed, the new law would mandate the filing of all election-related disputes with Tunisia’s intermediate and high courts within 48 hours of the contested outcome.
The current framework under Tunisia’s Constitution entrusts the independent Administrative Court with jurisdiction over administrative disputes, including those related to government powers and elections. The Independent High Authority for Elections (ISIE), the governmental body primarily responsible for overseeing elections in Tunisia, relies on the Administrative Court to ensure it performs its duties fairly. The proposed bill would assign these adjudicative responsibilities to the general courts, traditionally tasked with handling civil and criminal matters.
The move has triggered concerns amid escalating tensions leading up to the presidential election, particularly as human rights groups have criticized recent governmental arrests of opposition members and journalists. This legislative proposal follows an incident where the Administrative Court reinstated three previously disqualified presidential candidates, a decision subsequently rejected by the ISIE.
Since Tunisia’s first democratic elections in 2014 post-Arab Spring, the political landscape has seen significant shifts. Notably, in 2021, President Kais Saied dismissed the sitting government, assumed executive authority, and dissolved the Superior Council of the Judiciary. These actions significantly altered the operational independence of Tunisia’s judiciary. In 2022, constitutional amendments expanding presidential powers were approved via a referendum largely boycotted by opposition parties.
Tunisia’s judicial independence and civil freedoms have been under scrutiny, especially since President Saied began ruling by decree. Human Rights Watch has expressed concerns, describing the president as wielding nearly unrivaled power by eliminating institutional checks on executive authority, a situation further highlighted by recent crackdowns.
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